License Agreement for the use of the Yandex Elements program

We would like to draw your attention to the fact that starting from June, 3rd 2013, this License agreement shall be void and shall be replaced by the License Agreement to use of Yandex desktop software, the current version of which is available at https://yandex.kz/legal/desktop_software_agreement. Please do consider all references to this License Agreement as references to the License Agreement to use of Yandex desktop software.

This document is a translation of License agreement to use Yandex Elements program in English. In case of conflict between the Russian version of License agreement to use Yandex Elements program and this translation - only the Russian version of License agreement to use Yandex Elements program is legally binding. The Russian version of License agreement to use Yandex Elements program can be found here: https://yandex.ru/legal/elements_agreement/?lang=ru.

Before using the program, please read the following terms of license agreement. Any use of the program by you means full and unconditional acceptance of its terms.

If you do not accept the terms of license agreement in full, you shall not use it for any purpose.

1. General provisions

1.1. This License Agreement (“License”) establishes the terms and conditions for the use of the Yandex Elements computer program (“Program”) and is concluded between any person using the Program (“User”) and Yandex LLC, 16, Leo Tolstoy St., Moscow 119021, Russia, which is the owner of the exclusive right to the Program (“Rights Holder”).

1.2. By copying the Program, installing it on your PC or using the Program in any manner, the User expresses his/her full and unconditional agreement to all the License terms and conditions.

1.3. The use of the Program is permitted only under the terms and conditions of this License. If the User does not accept the terms and conditions of the License in full, the User shall not use the Program for any purpose. The use of the Program with violation (non-performance) of any of the terms and conditions of this License shall be prohibited.

1.4. The use of the Program under this License for personal non-commercial use is free of charge. The use of the Program on terms and in the manner not provided for by this License is only possible on the basis of a separate agreement with the Rights Holder.

1.5. This License and all relations connected with the use of the Program are subject to applicable law of the Russian Federation and any claims or lawsuits arising out of this License or the use of the Program shall be filed and considered by the court at the location of the Rights Holder.

1.6. The Rights Holder may provide the User with the translation of this License from Russian into other languages, but in case of a conflict between the terms of the License in Russian and its translation, only Russian-language version of this License is valid.

2. Rights to the Program

2.1. The exclusive right to Program belongs to the Rights Holder.

3. License

3.1. The Rights Holder provides the User with non-transferable right to use the Program free of charge, under a simple (non-exclusive) license, in countries around the world in the following manner:

3.1.1. To use the Program in accordance with its direct functional purpose, in order to which copy and to install (execute) it on the personal computer(s) of the User. The User is entitled to install the Program on an unlimited number of personal computers. When installed on a PC, each copy of the program has a unique number assigned, which is automatically reported to the Rights Holder.

3.1.2. To copy and to distribute the Program for non-commercial (free) purposes.

4. Limitations

4.1. Except for use in the volumes and manners, directly provided for by this License or the law of the Russian Federation, the User shall not modify, decompile, disassemble, decrypt and perform other actions with the object code of the Program, aimed at obtaining information on the implementation of the algorithms used in the Program, to create derivative works with the use of the Program, as well as to fulfill (to allow to conduct) other use of the Program, without the written consent of the Rights Holder.

4.2. The User shall not execute and distribute the Program for commercial purposes (for a fee), including the collections of software products, without the written consent of the Rights Holder.

4.3. The Program shall be used under the Yandex Elements name. The User shall not change the name of the Program, to modify and/or to remove the copyright notice or other mentions of the Rights Holder or other persons.

5. Terms of use of some functions of the Program

5.1. The User is hereby notified and agrees that if automatic sending of statistics is enabled in the Program, the Rights Holder shall be advised anonymously (without reference to the User) in the automatic mode of the visited site, viewed pages and upload files for the purposes of improving the quality of the products and services provided to the User, unless the specified feature is disabled.

5.2. The User is hereby notified and agrees that if using the function “To the exact address” for the provision of the User with the hints of corrected input errors, the Rights Holder is anonymously (without reference to the User) reported in the automatic mode on the characters entered in the address bar of the browser before the moment of switching off of the specified feature.

5.3. Automatic translation of texts and web pages using the feature “Translation of pages” is conducted using own technologies of the Rights Holder, and also the technologies of the partners of the Rights Holder. In case of presence of the logo of PROMT LLC on the translation result page of the Program, the translation is done using technologies developed by PROMT ® (http://www.promt.ru). The logs of translations will be anonymously (without reference to the User) sent to the Rights Holder.

5.4. The User is hereby notified and agrees that, when using the “Translation of words” feature in the Program; the translation is performed using the technologies developed by PROMT ® (http://www.promt.ru). The logs of translations will be anonymously (without reference to the User) sent to the Rights Holder.

5.5. The User is hereby notified and agrees that when using the “Location identification” feature in the Program, IP address of the User’s computer and the data on available Wi-Fi networks will be anonymously (without reference to the User) sent to the automated service of location identification of the Rights Holder.

5.6. The User is hereby notified and agrees that when enabling the “Smart Line” feature in the Program to offer the User search tips, the Rights Holder is anonymously (without reference to the User) reported in the automatic mode on the characters entered in the address bar of the browser, text of the tip selected by the User and identifier of the system, before the moment of switching off of this feature.

5.7. The User at any time can refuse to transfer the data specified in clauses 5.1 – 5.6 by switching off the corresponding features.

5.8. All data on the use of the Program transferred in accordance with this License, shall be stored and processed in accordance with the Privacy Policy (https://yandex.kz/legal/confidential).

5.9. Using the widget of the service "Yandex.Music" User accepts Terms and Conditions service Yandex.Music https://yandex.kz/legal/music_termsofuse

5.10. The “Text Only” feature of the Program is based on the “Readability” program, the exclusive right to which belongs to the company “Arc90”, which distributes the “Readability” program under the Apache 2.0 (http://www.apache.org/licenses/LICENSE-2.0) license.

5.11. The Program version for Internet Explorer uses the Compact Language Detection library included in Chromium source code (http://src.chromium.org/viewvc/chrome/trunk/src/third_party/cld). The specified software can be used on the terms available at: http://src.chromium.org/viewvc/chrome/trunk/src/third_party/cld/LICENSE.

5.12. The User is hereby notified and agrees that when installing the Program, additional components (buttons) for the Program, that are integrated with the popular social networks,

e-mail services and other instruments, will be automatically selected and installed, while the selection is conducted completely automatically and no data is transferred beyond the User’s computer.

6. Responsibility restrictions under the License

6.1. The program is provided as is. The Rights Holder shall provide no warranties regarding error-free and uninterrupted operation of the Program, meeting the specific goals and expectations of the User, and also shall provide no other warranties not directly stated in this License.

6.2. To the maximum extent permitted by the current law, the Rights Holder shall not be responsible for any direct or indirect consequences of any use of or inability to use the Program and/or damage inflicted on the User and/or third parties as a result of any use or non-use of the Program, including possible errors or failures of the Program.

6.3. The User is hereby notified and agrees that while using the Program, the Rights Holder obtains anonymously (without reference to the User) in automatic mode the following information: the type of operating system on the User’s computer, version and identifier of the Program, usage statistics of Program’s features, as well as other technical information.

6.4. The User can add components (buttons) to the program, developed and offered to be installed by third parties, providing access to information or services of third parties, or redirecting to the resources of third parties (“Custom Components”). The User understands and agrees that the installation of Custom Components to the Program is conducted at the user’s own risk. The Rights Holder has no control over the performance, information, services or resources accessed through such Custom Components, as well as their compliance with the law, and is not responsible for the results of installation or use of Custom Components. The Rights Holder does not cover any damage caused to the User by the use of or inability to use any Custom Components or information, services and resources accessed through Custom Components.

7. Updates/new versions of the Program

7.1. This License shall be applied to all future updates/new versions of the Program. By agreeing to install the update/new version of the Program, the User accepts the terms and conditions of this License for relevant updates/new versions of the Program, unless the update/installation of a new version of the Program is accompanied by any other license agreement.

8. Changes in the terms and conditions of this License

8.1. This license agreement may be changed unilaterally by the Rights Holder. The notification of the User on the changes in the terms and conditions of this License is published on the page: https://yandex.kz/legal/elements_agreement. These changes in the terms and conditions of the license agreement shall be effective from the date of their publication, unless otherwise is specified in the relevant publication.